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Filippa K Website Terms of Use

Effective Date: [24.08.2017]

These terms and conditions of use (the “Terms of Use” or “Terms”) govern and apply to anyone accessing or using the Filippa K website located at [www.filippa-k.com] and any associated mobile sites or applications, products, software and other services (collectively, the “Service” or “Services”). These Terms apply to any use of the Services.

The Services are owned and operated by Filippa K and its subsidiaries and affiliates (collectively, “Filippa K,” “we,” “us,” and “our”). While using the Services, please be aware that your access to and use of the various information, documents and services offered by Filippa K (the “Materials”) are subject to these Terms of Use. Your use of the Services is expressly conditioned on your compliance with and acceptance of the following Terms of Use. If you choose to continue to use or access the Services after having the opportunity to read the Terms of Use, you recognize that Filippa K has provided valuable consideration by offering these Services free of charge, and in exchange for that valuable consideration, you agree to the Terms of Use and incorporated Privacy Policy. If you do not agree with any part of the following Terms of Use or Privacy Policy, please do not use the Services.

Filippa K reserves the right to modify these Terms of Use at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Use. Your continued use of the Services following the posting of changes to same will indicate your acceptance those changes.

THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. 


1.     ACCOUNT CREATION AND INFORMATION

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete account registration information about yourself as prompted by the Service; and (b) maintain and promptly update such registration information to keep it true, accurate, current, and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if Filippa K has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Filippa K has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

In creating an account through our Services, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access Filippa K’s Services through your username and password, you will defend and indemnify Filippa K and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Filippa K of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Filippa K cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

2.     OWNERSHIP AND COPYRIGHT

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services and Materials existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of Filippa K, its parents, subsidiaries, affiliates and/or licensors.  All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which they are being made available.

Images of people or places displayed on the Services are either the property of, or used with permission by, Filippa K. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

A single copy of the Materials may be downloaded or otherwise copied from the Service for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of the Services in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Services.  Modification of the Materials or use of the Materials for any other purpose is a violation of Filippa K's copyright and other proprietary rights. Filippa K neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with Filippa K.


3.     USE OF SERVICES

The Services and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Filippa K, except as provided herein. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Filippa K. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.  

You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Services. 


4.     ACCURACY OF INFORMATION

We attempt to ensure that information provided through the Services is complete, accurate and current. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. Filippa K shall not be responsible for any errors or omissions in the Materials.


5.     PROPRIETARY RIGHTS

Filippa K does not claim ownership of any information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of our Services (collectively, “User Content”) and transmitted, whether publicly or privately, to or through Filippa K (including feedback and suggestions). Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Filippa K, its affiliated companies, sublicensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Filippa K to make such User Content available to other companies, organizations, or individuals with whom Filippa K has relationships, and to use such User Content in connection with the provision of those services. 

 

6.     LINKS

The Services may contain hyperlinks or other connection devices, which will allow you to use the Services and access other websites. Filippa K is not responsible and assumes no responsibility for the contents of any non-Filippa K linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided through the Services are not under the control of Filippa K. Access to any other Internet websites linked to the website is at the user's own risk.

In addition, the existence of a link between the Services and any other Internet website is not and shall not be understood to be an endorsement by Filippa K of any material, substance, information or the owner or proprietor of the linked Internet website, and such link shall not imply nor create any relationship nor endorsement between Filippa K and the owner or proprietor of such linked website.


7.     PRIVACY

Filippa K is committed to ensuring the privacy of its customers. Your use of our Services is subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes. If you do not agree to these Terms of Use, please do not use the Services. 


8.     LIMITATION OF LIABILITY

THIS LIMITATION ON LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FILIPPA K SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FILIPPA K HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

 

9.     DISCLAIMER OF WARRANTY

THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.

THIS DISCLAIMER OF WARRANTY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM FILIPPA K. 

THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY FILIPPA K PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE WEB SITE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, FILIPPA K EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) FILIPPA K MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FILIPPA K OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. FILIPPA K DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, FILIPPA K SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES.

You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Services, we will not be liable to you or to any third party for your use of the Services.


10.  RELEASE

In the event that you have a dispute with one or more other users of the Services, you release Filippa K (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


11.  INDEMNIFICATION

THIS INDEMNIFICATION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

You agree to indemnify, defend and hold Filippa K, its officers, directors, shareholders, employees and agents from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (i) your online conduct and use of the Services and Materials; (ii) your violation, breach or alleged breach of these Terms of Use; (iii) your failure to comply with any applicable laws or regulations; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (v) any of your dealings or transactions with other persons resulting from use of the Services. You will be required to completely and fully indemnify Filippa K for its losses. 


12.  JURISDICTION AND GENERAL TERMS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS DISPUTES SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. The Services are intended for use in and by citizens and domiciliaries of the United States of America only. The Materials may contain information about products which may not be available in other countries or may be available under different trademarks in different countries, subject to different indications or restrictions of use. The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New York County, New York, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Services are incorporated by this reference into these Terms of Use.

Your use of the Services is independent of Filippa K and not as an employee, agent, partner, or joint-venturer with Filippa K for any purpose.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


13.  CHANGES TO THE TERMS OF USE

Filippa K may make changes to the Terms from time to time. When these changes are made, Filippa K will make a new copy of the Terms available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the Terms have changed, Filippa K will treat your use as acceptance of the updated Terms.


14.  ENTIRE AGREEMENT

The Terms of Use constitutes the entire agreement between you and Filippa K and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at customercare@filippa-k.com. 

 

All Service design, graphics, text selections, arrangements, and all software are Copyright© 2017 [07/09/2017]